Allahabad High Court
Allahabad HC Raps ED Over 'Utter Failure' To Probe Multi-Crore 'Shine City Scam' Properly, Seeks Progress Report
Piqued over the Enforcement Directorate's (ED) failure to properly investigate the multi-crore Shine City Scam Cases, the Allahabad High Court on Friday strongly criticised the ED, Serious Fraud Investigation Office (SFIO), and Uttar Pradesh Police's Economic Offences Wing (EOW) and called for their status report showing the progress of the investigation in this matter."This Court feels that...
Provisions Of Rent Control Act Inapplicable In Determining Mesne Profits Once Tenancy Is Terminated U/S 106 Of Transfer of Property Act: Allahabad High Court
The Allahabad High Court has held that once tenancy is terminated under Section 106 of the Transfer of Property Act, 1882, provisions of the Rent Control Act would not apply in determining mesne profits with regard to rent payable for the property. It was held that the prevalent market rate would be considered while determining the rate for the mesne profit.Justice Neeraj Tiwari held that...
PIL In Allahabad High Court Seeks Operationalization Of Post-Mortem House In Lakhimpur Kheri District
A Public Interest Litigation has been filed in the Allahabad High Court seeking the operationalization of an already constructed post-mortem house in Nighasan in Lakhimpur Kheri District.Advocate Syed Mohammad Haider Rizvi, a practising lawyer at the Lucknow Bench of the Allahabad High Court, filed the PIL highlighting the number of unnatural deaths in various villages in District...
Allahabad HC Sends Minor Willing To Live With 'Husband' To Father's Custody For 18 Days Until She Attains Majority
Last week, the Allahabad High Court deferred its decision to allow a minor girl to reside with her 'husband' once she reached the age of majority (on June 7). In the interim, the court has placed her in her father's custody for 18 days, citing the need to ensure her safety and well-being. A bench of Justice Mohd. Faiz Alam Khan was essentially dealing with the habeas corpus petition...
Allahabad High Court Directs UP Govt To Consider Framing Insurance Scheme For State Law Officers
Last week, the Allahabad High Court directed the state government to consider framing an insurance scheme for the lawyers appearing for the State Government throughout the State of UP, including before the High Court. A bench of Justice Rajan Roy and Justice Om Prakash Shukla has asked the UP Government to file an affidavit in the matter within four weeks. The Court has...
Krishna Janmabhumi Dispute | Allahabad HC Grants Masjid Committee Another Chance To Oppose Maintainability Of 18 Suits, Hearing On June 4
The Allahabad High Court on Friday decided to grant the Committee of Management, Shahi Idgah Masjid, Mathura, another chance to oppose the maintainability of 18 suits filed concerning Mathura's Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute. The matter has been posted for hearing on June 4. The Court made the decision after the Masjid Committee (through Advocate Mehmood Pracha)...
Arbitral Award Can't Be Set Aside Merely Due To Incorrect Application Of Law Or Misinterpretation Of Evidence: Allahabad High Court
The Allahabad High Court bench of Justice Shekhar B. Saraf held that an arbitral award should only be set aside if it is clearly vitiated by "patent illegality" evident on the face of the record. The bench held that an award cannot be annulled merely due to an incorrect application of the law or misinterpretation of evidence.Brief Facts:The matter pertained to the acquisition of land for...
[Mining Lease] Forfeiture Of Earnest Money Only When Documents Found Fabricated: Allahabad High Court Directs Refund Of Rs. 90 Lakhs
The Allahabad High Court has held that earnest money deposited for mining lease can only be forfeited when the documents of an individual are found to be false or fabricated upon investigation.The bench comprising of Justice Anjani Kumar Mishra and Justice Jayant Banerji held that “forfeiture of earnest money could be ordered only when, upon the verification, any document or certificate...
Allahabad High Court Directs Judicial Officer To Explain Passing Of Two Contradictory Orders On Same Day In Same Case
The Allahabad High Court has directed the then Additional Chief Judicial Magistrate of Ghaziabad to file his personal affidavit for passing two contradictory orders on the same day in the same case.Counsel for the applicant submitted that applicant had to lodged a complaint with Economic Offences Wing and filed an FIR under Sections 420, 120-B of IPC, and Sections 7 and 13(1) (A) and 13(2) of...
Allahabad HC Quashes FIRs Against Officer Bearers Of Radhasoami Satsang Sabha, Says Dispute Between District Admin And Sabha Is Civil In Nature
The Allahabad High Court has quashed the FIRs lodged against the office bearers of Radhasoami Satsang Sabha by the District Administration, Agra under Sections 147, 332, 353, 447 IPC read with Section 7 Criminal Law (Amendment) Law 1932 & Section 11 Prevention of Animal Cruelty Act 1960.The bench comprising Justice Siddharth and Justice Syed Qamar Hasan Rizvi relied on the earlier order...
Arbitration Act | Misplacement Of File By Lawyer Not Sufficient Ground For Condoning 966 Days Delay: Allahabad High Court
The Allahabad High Court has refused to condone a delay of 966 days in filing appeal under Section 37 of the Arbitration and Conciliation Act, 1996 which was due to misplacement of case files by the lawyer while shifting his office during Dussehra.“Misplacement of files due to office shifting, especially during a holiday period, is not an uncommon occurrence. However, the burden lies on...
Krishna Janmabhumi Dispute | Allahabad HC Reserves Verdict On Masjid Committee's Plea Challenging Maintainability Of 18 Suits
The Allahabad High Court today concluded the hearing and reserved its verdict on an application filed by Shahi Idgah Masjid (under order 7 Rule 11 CPC) challenging the maintainability of 18 suits filed concerning Mathura's Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute. All 18 suits contain a common prayer seeking the removal of the Shahi Idgah mosque from the 13.37-acre complex it...